header-logo header-logo

13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
printer mail-detail

Costs

Rayner v Lord Chancellor [2013] All ER (D) 26 (Dec)

The first defendant had been the successful party to proceedings brought by a claimant who had been funded by the Legal Services Commission (LSC). The first defendant claimed to be entitled to be indemnified in accordance with the Community Legal Service (Cost Protection) Regulations 2000 (SI 2000/824) for the costs of defending the claim. During the course of the trial, the claimant had ceased to be in receipt of funding, with the result that the first defendant’s, potential claim against the LSC was restricted to the costs incurred by him which were attributable to the part of the proceedings in which the party was funded. The first defendant appealed.

The court ruled that the natural meaning of attributable in para 5(4) of the regulations was that it denoted a simple link between the services funded by the LSC and the defence costs of the non-funded party. That construction accorded with the purpose of the provisions, which was to protect the non-funded party from the consequences of unsuccessful proceedings

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll